Willis v Charles [2016] NSWCATAP 164

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Willis v Charles [2016] NSWCATAP 164 Hearing dates: 7 June 2016 Date of orders: 07 June 2016 Decision date: 07 June 2016 Jurisdiction: Appeal Panel Before: M Dicker SC, Senior Member D Fairlie, Senior Member Decision: (1) The appeal is allowed in part. (2) The orders made at first instance on 29 March 2016 are set aside. (3) The tenants Karenessa Willis and Peter Willis of 684 Parker Road Lanitza 2460 are to pay the landlord Robert S Charles of 1038 Armidale Road Elland 2460 the sum of $311.19. (4) Rental Bond Services is directed to pay the landlord Robert S Charles of 1038 Armidale Road Elland NSW 2460 the sum of $311.19 from the rental bond number P167107-9. Any amount received is to be credited against the money order in 3 above. The balance of the rental bond is to be paid to the tenants Karenessa Willis and Peter Willis of 684 Parker Road Lanitza 2460. (5) The stay made on 19 April 2016 is vacated. (6) Leave to appeal in relation to the toilet seat and solar energy bill grounds of appeal is refused. Catchwords: APPEAL – Residential Tenancies Act 2010 (NSW) – Whether appellant tenants had validly provided vacant possession and were no longer liable for rent – Effect of respondent's notice of termination – Whether appellant tenants liable for costs of replacing item and solar electricity bill – Weight of evidence – Leave to appeal refused – appeal allowed in part Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Residential Tenancies Act 2010 (NSW) Cases Cited: Nil Texts Cited: Nil Category: Principal judgment Parties: Karenessa Willis and Peter Willis – Appellants Robert Charles - Respondent Representation: Appellants - Self- Represented Respondent - Self- Represented File Number(s): AP 16/16482 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 29 March 2016 Before: K Holwell, Member File Number(s): RT 16/00655